as a result of this an other private sector programs fatal firearms accidents are at the lowest level in a hundred years. the nra has over 80,000 certified instructors who teach our military personnel, law enforcement officers on many other american men and women how to safely use firearms. we do more and spend more than anyone else on teaching safe and responsible gun ownership. we join the nation in sorrow over the tragedy that occurred in newtown, connecticut. there is nothing more precious than our children, and we have no more sacred duty than to protect our children and to keep them safe. that's why we ask former congressman and undersecretary of homeland security assa hutchison to bring in every available expert to bring in a model school shield program, one that can be individually

tailored to make our schools as safe as possible. it's time to throw an immediate blanket of security around our children. about a third of our schools right now have armed security already because it works, and that number is growing every day. right now state officials, local authorities and school district in 50 states are considering their own plans to protect children in schools. in addition we need to enforce the thousands of gun laws already on the books. prosecuting criminals who misuse firearms works. unfortunately we've seen a dramatic collapse in federal gun prosecutions in recent years. overall in 2011 federal firearms prosecutions per capita were down 35% from their peak in the previous administration. that means violent felons, violent gang members and drug

dealers with guns and the mentally ill who possess firearms are not being prosecuted, and that is completely and totally unacceptable. out of more than 76,000 firearms purchases supposedly denied by the federal instant check system only 62 were referred for prosecution and only 44 were actually prosecuted. proposing more gun laws while failing to enforce the thousands we already have, it's not a serious solution for reducing crime. i think we can also agree that our mental health system is broken. we ned to look at full range of mental health issues from early detection to treatment, to civil commitment laws, to privacy laws. this needlessly prevents mental health records from being included in the national instant health system. while we are ready to participate in a meaningful manner to solve these pressing

problems we must respectively but honestly distkpwraoe with members of the community and many in the media and other gun control groups on what would keep our streets and kids safe. law abiding gun owners will not accept blame for the acts of violent or deranged criminals. nor do we believe that government should dictate what we can lawfully own and use to protect our families. as i said earlier we need to be honest about what works and what does not work. proposals that would only serve to burden the law abiding have failed in the past and they'll fail again in the future. semi-automatic firearm technology has been around for a hundred years. they are the most popular guns for hunting, target shooting, self-defense. despite this congress banned the manufacture and sale of hundreds of semi-automatic firearms and magazines from 94 to 2004. independent studies, including one from the clinton justice department proved it had no impact on lowering crime. when it comes to background

checks, let's be honest, background checks will never be universal because criminals will never submit to them. there are a lot of things that can be done and we ask you to join with us. the nra ha is made up of millions of americans who support what works. the immediate protection for all not just would of our school children is what is needed and swift punishment of criminals who misuse gun and fixing our mental health system. we love our families, we love our country, we believe in freedom, and we are the millions from all walks of life who take responsibility for our safety and protection as a god-given fundamental american right. thank you. >> thank you, now chief johnson let me begin with you, sir if i could. it's been my experience that many criminals are able to get guns illegally, because they use straw purchases.

in other words, the person who has no criminal record can easily pass a background check, goes in, business the guns and turns around and gives them to criminals. there is no federal law that makes it illegal to act as a straw purchaser of firearms. so last week i introduced a bill that will strengthen federal law to combat firearms trafficking. it would specific target straw purchasers. do you think there should be such a law? >> the background procedures in this nation are seriously in need of modification. again, 40% of those acquiring firearms try to do it outside that background procedure. senator, you are absolutely correct, many will use a straw purchaser.

jon: testimony in front of the senate judiciary committee regarding gun violence in this country, ways to stem it. you'll want to watch "fox news sunday" when wayne lapierre, from the nra who just finished testifying, he will be chris wallaceess' guest this sunday. check your local listings for the time that program runs. let's talk about this hearing a little bit more with the columnist from th the washington times, charlie hurt. you say there is a little bit of disconnect going on here between some of the politicians in washington and some of the positions that theyes they espouse about firearms. >> the big problem which has always been the problem with these gun laws is, a lot of things sound like a good idea. when a politician says, you know, we want to been a gun whose sole purpose is to kill large numbers of people quickly. of course no one would disagree with that. when you get down into the sort of -- into the weeds of what they are proposing and talking

about those guns are not the ones they are targeting. they catch a whole wide range of gun tph-s that sors in that sort of net. you have to be very careful and the politicians have to be very careful. i'm sure for some of them it's not just an attempt to sort of further political -- their own political agenda. in a lot of cases i think you have politicians who genuinely want to do something, and it's very well intended. the consequences down the line i don't -- either through ignorance or having not studied the issue carefully enough they don't real hroeus what th real realize what the consequences are when you say ban all clips that hold more than ten cartridges. jon: "the new york times" even today points out that democrats are divided on how to proceed on any kind of legislation here. >> that's going to be the really interesting thing to watch. because the democrats on the committee, on the judiciary commit tear focusing hrepbl ti

almost entirely on gun hardware and gun magazines and the list of people that should be prevented from purchasing gun. they are not look at hollywood or anything like that. in the democratically controlled senate i think that democratic initiatives and president obama's initiatives are going to fail because they can't get enough democrats to support it. it's -- the vast majority of republicans, save one or two in the senate will probably oppose a lot of these measures, but their problem will be they won't be able to get that final six or seven democrats, they are from big rural states mostly, out west and the upper midwest. they'll have a hard time getting them to go along with any of this because they would pay a heavy price with their voters. it will be very interesting to watch this sort of interparty squabble as it goes forward.

jon: clearly no one wants to see another newtown massacre. has there than enough of a sea change on capitol hill that something is going to get done? >> i don't think so because honestly what you don't have is you don't have -- we don't have hearings going on right now about these violent video games that are almost like simulators for carrying out these events. you don't have big hearings into some of the hollywood movies, that glorify this kind of violence and stuff like that. i think until everybody kind of comes together and says okay we're going to talk about all of the problems here, i just don't see how anybody -- either side gives, because clearly this hearing is all about finding guns to ban, and they are just -- and not only are people opposed to it, the thing is even if you did it the argument is that it's not going to -- it's not going to prevent a future

newtown. jon: you had to love the irony of that public service announcement with all the hollywood stars talking about, you know, getting rid of weapons, but yet they use them in their films because it hess them make millions of dollars. >> yes the hypocrisy, you choke on it it is so amazing. jon: charlie hurt from the washington times. good to have you on. >> thanks, jon. jon: we'll continue to keep an eye on this hearing as well. >> reporter: hello, everybody, i'm uma pemmaraju in for jenna leave. we are hearing of a tornado warning in northern georgia. tornado watches and warnings issued in parts of the south and the nation's midsection at this hour. the national weather system is receiving hundreds of reports of damaging hail, strong winds and even some twisters. thousands of people are without power in that area. one person was reportedly injured by lightening. maria molina is joining us now with the latest in the fox weather center. >> very dangerous weather in store for us across the east

today as. we want to update you on the latest tornado warning issued for northern central portions of the state of georgia, also north pourings of georgia. basically law enforcement has spotted a funnel cloud coming out from one of the thunderstorms that's been producing rotation. it could be seconds before that tornado is on the ground. fit is not so already. if you live in cherokee county, pick kings county. barto county. ford county or gordon county, this is northwestern georgia, and north central georgia as well you need to seek shelter immediately. there could currently be a tornado on the ground or very shortly. this is moving at 60 miles per hour. the storms race toward the north and east and we are look at a widespread risk for severe storms not just in georgia but stretching from portions of the northern florida sections to the florida panned handle up into sections of pittsburg. pennsylvania looking at a severe weather risk today. new jersey looking at that possibility to see damaging wind

from some of these storms as they do continue to race eastward. we had very heavy rain associated with the storm. flooding is another concern. tornado watches across georgia, alabama and also eastern portions of tennessee and western north carolina. stay alert because today you are looking at the possibility of tornadoes. here is a closer look at the tornado warning to the north and west of atlanta and georgia. on the northern side of the storm system we are talking about snowfall, winter storm warnings right now in effect across iowa, wisconsin with up to eight inches of snow possible, factor in the wind and it is going to feel very cold. i want to show you why we're looking at this risk for severe weather. it's been very warm. tuesday we set a number of record-high temperatures. it was 63 degrees in chicago yesterday. today you're looking at temperatures in chicago only into the upper 30s, and it's that sharp contrast with the hot temperatures, the cold temperatures that fires up this violent weather. >> reporter: a wild ride with rough weather over the next

several hours, thank you for the update. jon: we have a massive recall to tell you about involving some of the best selling cars in the country, details on that coming up. and new information on a desperate standoff in alabama, a man kills a bus driver, kidnaps a six-year-old and holes up apparently in an underground bunker. a live report from the scene ahead. it's all "happening now." ♪ [ male announcer ] don't just reject convention. drown it out. introducing e all-new 2013 lexus ls f sport. an entirely new pursuit. introducing e all-new 2013 lexus ls f sport. new honey bunches of oats greek yohere we go.ole grain. honey cornflakes and chunks of greek yogurt. i'm tasting both the yogurt and the honey at the same time.

i'm like digging this yogurt thing. i feel healthy. new honey bunches of oats greek.

uma: welcome back, everybody. this just in a major announcement from massachusetts governor duvall patrick. he naming william cowan to fill john kerry's seat until a special election this summer. >> today i have the great honor, privilege, and personal pleasure to appoint mo cowan as united

states senator in the interim until that special election. uma: his appointment signals the start of the special election race. so far the only announced candidate is massachusetts congressmanned marquis. steven lynch and former republican seven scott brown have been mentioned as pass candidates. the seat was left vacant by senator kerry's confirmation as the next secretary of state. jon: right now toyota is dealing with another major car recall. rick is live at the breaking news desk with this information. >> reporter: in this involves bad air bags and windshield wipers. toyota is recalling more and million vehicles. the corolla, and the corolla matrix sold in 2003 and 2004. they have air bags that could deploy inadvertently. the bad wipers are on the ix models sold between 2006 and 2012, apparently the wipers

don't work in heavy snow. toyota has reclaimed its crown out selling number two gm but recalls have been a problem for the japanese company over the last several years hurting the bottom line and these latest recalls will only add to those problems. toyota says that owners of the vehicles affected by the recalls will be getting a letter in the mail about it and fixes will be done free of charge at any toyota or lexus dealer, back to you. jon: rick, thanks. uma: we've got breaking news out of alabama at this hour. police are expanding the evacuation area around a standoff. they say a man got on a school bus, killed the driver, and then kidnapped a six-year-old child and now they are hold up in an underground bunker. officers are working around-the-clock to get them out. elizabeth pran is joining us now with the very latest on the situation from midland city, alabama. >> reporter: i just got off the phone with the public information officer who confirm the identity of that 66-year-old bus driver. charles albert polin junior died

after several gunshot wound after the altercation yesterday. very little information getting released, because it's a very sensitive and very tense situation. in fact we are seeing swats teams go up and down this dirt road behind me because blocks away that alleged suspect is hold up in a home-made bunker with that six-year-old hostage. we have been speaking with authorities but like i said very little information is getting released. we know they are making contact with that suspect through a pvc pipe into his bunker. if you remember this all began when the suspect barged into a packed school bus demanding at least one child around 4:00 yesterday. when the driver refused he was shot several times. we do have sound from a young witness, take a listen. >> we were dropping some kid off and then a man that lived next door to them got on the bus and asked our bus driver if he wanted something and he gave him a note, and i don't know what happened after that, but then he started telling him he needed a

kid, something about the law coming after him, and then he shot the bus driver, and the driver's foot was on the gas and we went backward and everybody started screaming and then the bus driver was still there and we just all -- we all got off the bus and went to a neighbor's house. >> reporter: we have no evidence or proof of a relationship between the suspected shooter and this very young victim. the area behind me has been evacuated, just like you mentioned, they expanded that evacuation area, we are not sure how long that evacuation will be in order. we also know that schools in the local area are closed, and we do not know exactly when they'll be reopening for students. back to you. uma: an unbelievable standoff. thank you so much for updating us. jon: a murder mystery in michigan to tell you about. what investigators have learned about the death of this college student, plus what the medical examiner just ruled. also, defend secretary nominee chuck hagel sure to face tough questions at his confirmation

hearing tomorrow. why the iran nuclear threat could top the agenda. ambassador john bolton will join us live to weigh in, he's next.

jon: now new information on crime headlines we are keeping an eye on. police are searching for a person who killed a 24-year-old student at eastern university. it's not clear how she died. her body found at her off campus apartment right across the street from a police station. new evidence in the jodi arias murder trial in arizona. prosecutors trying to show she was setting up an alibi before they say she brutally murdered her boyfriend. a live picture now of the california courthouse where in just a few minutes lindsay lohan

will be arriving for another hearing. this concerns one of her latest run ins with the law. she is charged with lying to police about a car accident she was involved in last year. uma: the president's pick for defense secretary senator chuck hagel gearing up for his confirmation hearings tomorrow. it could get pretty contentious with one republican senator vowing to block his confirmation even before it begins. lindsey graham saying he first wants outgoing secretary leon panetta to testify about the benghazi ter terror attack. >> i'm going to block. >> you're going to block him. >> absolutely. what happened for seven hours? why were there no military assets available. uma: joining us john bolton, former u.n. ambassador and fox

news contributor. let me get your reaction to lindsey graham's statements. what impact do you think it will have. >> it will show the appointment down. months after the benghazi attack we still don't know the answers to important questions. why requests for enhanced security from the ambassador weren't granted. what actually happened on that september 11th. where did the story about the mohammed video come from? i think what senator graham is saying is look we want better answers than we've got even so far. uma: moving onto the actual confirmation i know you have particular concerns about this particular nominee, particularly on the issue of iran and you believe that the west weakened its case by accepting iran's line that it has the right to pursue nuclear activity for peaceful purposes and given that fact we let go of any leverage we have going forward to pose any move here to get them to stop. >> this has been a mystery to me

for some time. it's not only the obama administration who says it's okay for iran to have a quote unquote ph nuclear program. iran itself made a commitment not to seek nuclear weapons which everybody believes they are doing. when you breach a treaty like that you can't claim benefits like a quote unquote peaceful program under other parts of the treaty. uma: do you think hagel will have no choice but to support the president's efforts, to cajole or work diplomatically with iran going forward to pressure them to stop their production. >> given chuck hagel's position on iran this he's expressed publicly i have no doubt he's of the same view of the administration. what the administration is setting up is legitimizing iran's nuclear program and thus permitting iran to get very, very close to breaking out and actually fabricating nuclear weapons or doing it in secret with us not being able to follow

it that the threat of a nuclear iran is ever more pressing. uma: are you feeling then sanctions and diplomacy really won't work in this situation as you're dealing with iran, that the military option still need to be on the table and addressed very directly. >> sanctions and diplomas see are not going to work and they haven't worked for the last ten years of effort. iran will to the be talked out of its nuclear weapons program, even though the sanctions, which by the way the obama administration opposed in terms of the congressional lee imposed sanctions, even though they've cost iran economically very substantially there is simply no evidence whatever that it's impeded their nuclear weapons program and no evidence, while we're on the subject that it slowed iran down in its support for the murderous bashar al-assad regime in syria. unless you're prepared to see a nuclear iran i think the military option is the only one out there. and i don't think iran is worried about the obama administration, because i think they see zero chance we will use force. uma: that seems like all these

talks have been an exercise in futility up to this point. >> it's worse, it's given iran ten years to advance its nuclear weapons program and ballistic missile program. this is why the focus is now on israel and what prime minister benjamin netanyahu will do. uma: great to see su. i know you'll be watching the confirmation hearings very closely and we look forward to hearing from you. thank. >> thank you. jon: a video made at a new jersey hospital was leaked to fox business network. what it shows about health reform and its impact on patients. and a new report linking some of baseball's biggest names to doping. what it could mean for a-rod and the other stars who made the list. [ woman ] my boyfriend and i were going on vacation, so i used my citi thankyou card to pick up some accessories. a new belt. some nylons. and what girl wouldn't need new shoes? and with all the points 've been earning, i was able to get us a flight to our favorite climbing spot

even on a holiday weekend. ♪ things are definitely looking up. [ male announcer ] with no blackout dates, you can use your citi thankyou points to travel whenever you want. visit citi.com/thankyoucards to apply. . . . ..

jon: a "fox business alert." brand new exclusive video obtained by fox business network showing a new jersey hospital spoofing how health care reform can make more money for doctors by not readmitting patients. here now fox business network's liz macdonald. elizabeth? >> thank you, jon. good to be with you. here's the video spoof of a key cornerstone of health reform. it comes from the morristown medical center. here it is. ♪. decreasing readmissions. sharing these savings with practices sure seems fair.

♪ long as we follow the policy set down by medicare ♪. ♪ cms is dreaming of . >> so what the cms stands for there there, jon, the centers for medicare & medicaid services. it is a key unit in hhs. what we're talking about here, what they're talking about here in this video is the aco, stands for accountable care organizations. they have been launched under health reform to enact quality and cost patrols at clinic as i cross the country. they're essentially a network of doctors. we have staffers talking to fox business about the impact of this video, they say it is negative. essentially acos reward doctors and medical workers for doing less. actually decreases access to care. this is totally the opposite of what the president wanted, meaning increased access to care. the less patients readmitted the less exams, less tests and referrals, the more government medicare money there is in the pot for the

hospital and the doctors. now, jon, what is going on, the hospital has responded to fox business. they're saying this a fun spoof about preventing readmissions as you saw. it is certainly not meant as a mockery. acos are about working together, they're a partnership and taking care of patients. the future health reform is coming now, jon. recently the government approved the lawn of 106 acos. they're operating in 40 states. that means more and more illnesses will manage their own illness at home, say under care of physicians assistants or nurses. the readmission issue is big one for acos. they argue, we want better patient care up front. as you saw in that video it basically was essentially the spoof was the hospital workers satirically barring the patient from reentering the hospital, money changing hand and free stuff like laptops being given out. back to you, jon. jon: let's hope government money didn't pay to create

that spoof. it was pretty professionally done. liz macdonald, thank you. >> sure. uma: well a dangerous storm system is sweeping through the u.s. at this hour. tornado warnings and watches are now in effect from ohio to the gulf states. the national weather service is getting hundreds of reports of hail, strong wind and even some twisters. those storms have knocked out power to thousands of folks, damaging homes. there has been at least one report of someone injured by lightning. anna kooiman is joining us from our new york city newsroom with more on all this. anna, what's the latest? >> reporter: uma, i can tell you strong wind are expected here in the northeast later today and changes are quickly happening after a major storm system has already torn through the nation's midsection and much of the south. fox news meteorologist maria molina telling me today the biggest tornado threat is from alabama to west virgina but severe weather is possible anywhere from the florida panhandle to pennsylvania and new jersey. widespread flooding in

tennessee saturating the ground and causing trees and power lines to topple. at least one death confirmed by police. one man says high winds ripped the roof off his building as three people huddled inside on mattresses. >> it is demolished. poured concrete block, poured solid with rebar in it and tore it all to pieces. i can't imagine what hit it. had to be approaching over 200 miles an hour. >> reporter: the national owe think an i can and atmosphere fearic administration reporting damage in arkansas and indian. one person in arkansas was struck by light thing and two people were injured in central kentucky when a mobile home was blown off its foundation a cold and warm air weather system are colliding with one another. uma: much different from the arctic blast the nation experienced last week. >> reporter: these tornado warnings are typical in may, june. snow and black ice plagued

much of the northeast. yesterday unseasonably mild temps skyrocketing to the 60s allowing folks to peel off the puffy coats and breaking out the flip-flops. weather technology has become sophisticated in recent years, uma, enabling more of a warning period for severe weather. the u.s. is experiencing its longest run since records began of deaths caused by tornados. we're now 221 days. uma: we're on a wild roller coaster, anna. thank you. jon: there is new information to share with you in a doping scandal involving some of baseball's biggest names. alex rodriguez of the new york yankees, gio gonzalez of the washington nationals, nelson cruz of the texas rangers and melky cabrera of the toronto blue jays to a report linking them to performance-enhancing drug use to a clinic florida as

soon asast year. let's talk to ken rosenthal, mlb network insider and jim gray a sportscaster and fox news contributor. welcome to both of you. jim, i believe you have said that alex rodriguez is done. do i have that quote right? >> no, i haven't said that. jon: all right. >> i'm the one who said that. >> go ahead. jon: we'll go with you then, ken. >> what i wrote was he is done as far as his reputation. he might not be done as a ball player. he might not even be suspended as far as we know but in terms of public perception people are never going to look at him the same way they did even after his first admission of steroid use in which he said he used only from 2001 to 2003. with this report, his credibility is further strained and that's why i wrote what i did. jon: right. the 2001 to 2003, for people who don't pay attention to the nitty-gritty details, that happened to be a period when there was no ban on performance-enhancing drugs in baseball, right?

so presumably -- >> that's correct. jon: presumably such use would have been okay? >> right. when he acknowledged that use in 2009, he definitely used that narrow frame to say this is when i did it. and it was before he joined the yankees. it was before there was testing in baseball. jon: all right. so, jim, what about your thoughts on alex rodriguez's stand? now there's, i guess it is not even necessarily clear that he will come back from hip surgery this time around, huh? >> that's correct. brian cashman, the general manager of the yankees put out a warning a week or two ago that he may not be able to play this year. i agree with ken, as far as his reputation he is done. his reputation was badly hit with the steroid and the admission of that many years ago. then this year he was relieved of his duties. he was taken out of the starting lineup during the playoffs. after he had been taken out he sent a note on a baseball or on a sheet of paper up into the stand trying to pick up a woman in the

middle of the game. that antagonized not only his teammates and others in baseball but the fans as well. i agree with ken. it will be difficult for him to have any sort of credibility at all. even if in fact these turn out not to be true. just the association and the guilt by association and linkage and the damage that will cause i would agree with ken. jon: ken, we saw in the last hall of fame balloting that nobody, and there were a bunch people on there, from the steroids era, people like barry bonds and so forth, none of them got voted in. is that, is that going to be the story for the next little while, do you think? >> well, as far as alex is concerned or overall? jon: well, i guess alex and some of these other high-profile players who have been, you know, at least associated with performance-enhancing drugs? >> well certainly each year, jon, as the hall of fame vote comes up it will be addressed again. the controversy will continue no matter what happens. whether eventually players

such as bond and clemens are voted in or whether they are not. as for alex rodriguez he is going to face perhaps even a more difficult fight than bonds and clemens because really right now his entire career is in question. with bonds and clemens there seems to be in the opinions of some, this line of demarcation when they started using. with alex rodriguez right now it is hard to know exactly when he was using and if he ever was not. jon: jim, this is a guy who was at one time the highest paid professional athlete in the world, right? and it is all out the window with these revelations. >> i don't know that his contract's out the window. jon: i don't mean that. >> but the yankees are trying to chase after him. he is owed $114 billion million 28 dal million a year. they will look any way they can to get out of this. they will have a heck of a fight from the union. the whole thing is just sad. sports used to be a escape. now we have guys on steroids all the time. ken talked about the hall of

famers who didn't get in. we have rodriguez, possibly a repeat offender. we just went through lance armstrong. there is rumors surrounding ray lewis and his ability to come back for super bowl which is taking place down here in new orleans it is all disgusting and disgraceful. i don't know where it ends but it seems like we're having more and more of this. jon: yeah. some of these athletes used to be role models, or at least that's what i told my boys anyway. >> right. jon: jim, ken, thank you both. >> thank you, jon. jon: we'll keep an eye on it. >> thanks, jon. uma: a desperate search underway for a 5-year-old girl kidnapped from a school. and now police have brand new evidence in this case. we'll be live at the breaking news desk after the break. [ femalennouncer ] switch to swiffer sweeper, and you'll dump your old broom. but don't worry, he'll find someone else. ♪ who's that lady? ♪ who's that lady? ♪ sexy lady ♪ who's that lady? [ female announcer ] swiffer sweeper's electrostatic dry cloths attract and lock dirt, dust, and hair on contact

to clean 50% more than a broom. it's a difference you can feel. swiffer gives cleaning a whole new meaning. and now swiffer wet and dry refills are available with the fresh scent of gain.

uma: we are back. here's what's new next hour. boeing is forced to ground its entire fleet of dreamliners and now a new report is saying the company may have known there were serious problems with the batteries before the 787s were grounded but did not

report them. and the immigration debate is heating up. passionate arguments from both sides of the aisle. how it could affect the future of the democratic and republican parties. and a new study could change the way doctors treat cancer patients. researchers finding chemotherapy drugs may work differently on men and women. we will explain. jon: right now police in philadelphia hoping some newly-released video will help them find the kidnappers of a 5-year-old girl abducted from school. rick folbaum in the newsroom with more on that. rick? >> we've been following this story, jon, since it broke a woman walks in the elementary school in west philadelphia. she is said she will pick up the her daughter. she is allowed to walk into a classroom with a 5-year-old woman who was not her child at all. she was kept overnight, abused found abandoned in a playground the next day. the kidnappers are on the loose. they're releasing video hoping to generate new leads.

you can see the woman dressed in muslim clothing carrying an umbrella walking towards the school. moments later you can see her passing by that same camera after she has taken the girl out of the school. again, this is sort of a compilation of all the video that has been released by the police. there is new security at the school there is also a new principal there. but people in this neighborhood are still very angry and upset. >> i think everybody as a whole is responsible for this. not just the principal. it is everybody as a whole. >> you have fear amongst the neighborhood that nobody knows nothing. they are, i can't trust nobody around here now because it could have been them. easily could have been somebody that you know i don't understand how a case that gets so much coverage doesn't net the perpetrators in a much faster pace? >> community leaders have come together to offer a $75,000 reward in this case, jon. police are looking for the woman, for a male accomplice as well as another man they're calling a person of interest. if you have any information

this is the number to call. this is the police tip line in philadelphia, 215-686-tips. if you know anything about this case, please call the police in philly. jon: she is covered head to toes. virtually her eyes showing. kind of easy to understand why they haven't been able to make i.d.. >> true. she had a distinctive looking umbrella with wooden handle police think they might be able to recognize. jon: rick folbaum. thank you. uma: there is a new judge hearing arguments whether to allow the suspect in the fort hood massacre to plead dwilt i guilty to avoid getting the death penalty. our legal panel will weigh in [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it... in your heart. [ basketball bouncing ] heart healthy. great taste. mmm... [ male announcer ] sounds good. it's amazing what soup can do.

to help protect your eye health as you age... would you take it? well, there is. [ male announcer ] it's called ocuvite. a vitamin totally dedicated to your eyes, from the eye care experts at bausch + lomb. as you age, eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. ocuvite has a unique formula not found in your multivitamin to help protect your eye health. now that's a pill worth taking. [ male announcer ] ocuvite. help protect your eye health.

uma: right now a new judge in the fort hood shooting case is hearing arguments on whether to allow major nidal

hasan to enter a guilty plea and avoid the death penalty. he is accused you may remember of killing 13 people in the 2009 massacre which was the worst mass shooting on a united states military base. we're joined by fred tecce, former federal prosecutor. great to have you here. >> thanks for having me. uma: a lot of people would be surprised to know if he does plead guilty he does avoid the death penalty. fred, what is your reaction to that? >> no, that is not the way it works. we don't let the defendants pick the penalty. under the uniform court of military justice you can't accept a guilty plea if you have the death penalty on the table. when our prosecutor, get a haircut, try the guy and convict him. only reason the guy wants to plead guilty because there is absolutely no chance he won't get convicted. >> what is your opinion the case is taking so long to prosecute? i know people are very

frustrated there have been delays such as wondering about this guy's rights, whether he could grow his beard to follow his islamic faith. we have the new situation before us. what about the victims. >> the victims obviously are in focus. in no way do i condone the actions of mr. hasan but as a defense attorney they're trying to save this man's life. that is what is going on here with the military justice hearing that is coming up. in the next few days the justices will decide whether or not if he does plead guilty whether he will be eligible for the death penalty or whether that can be avoid the delays in this case are complex. there are a lot of victims. 13 counts of murder. 32 counts of attempted murder. a plethora of discovery in this matter. as my colleague said there are not a lot of defenses. the defense is trying to do whatever they can to deflect the death penalty. uma: in terms of judge, what leeway does he have and discretion does he have when making his decision? >> that is an interesting question. i mean i understand what john is talking about. that is why he is good

defense lawyer. they're trying to get the death penalty off the table. the government has the right to seek the penalty it believes is commensurate with the crime and in this case i think it is death. the crime cries out for it. the guy is guilty. the answer to your question government has the right to be able to pursue penalties and remedies available to it. the military command already said, authorized the death penalty in this case. so i think the judge would be overstepping her bounds if she were to take the death penalty off the table. i don't blame the defense for asking for it. that's their job but at the end of the day i don't think their entitled to it. uma: john what do you think will happen here? do you think there will be this move by the judge to accept this plea from the defense? >> i think the problem here is we don't know and i'm not advocating one way or another. i'm saying it is not clear whether or not this guy what the motive was. there is many so connection to terrorism but the president of the united states is refused to call this an act of domestic terrorism. so what was the motive? was this a guy didn't want to be deployed and used this islamic radical view to get out of his deployment?

or was this guy a terrorist communicating with terrorists overseas via e-mail and that is the issue. what is the motive? without the motive it is very hard for a judge or prosecutor in my opinion to come down with the death penalty at this point. uma: fred, do you agree with that. >> no. that is why john is a good defense lawyer. motive is not element of crime. whether he or not we intention and malice of forethought murted 13 people. >> that is for the murder charge. >> i don't care if he wants to meet vestal virgins or didn't want to deploy. at end of the day even in a death penalty case the motive is not an element of the crime. it mitigates it. you can argue mitigation from it i understand that but i don't think it gets him anywhere. uma: obviously difference of opinion there and something we are taking note of. of course we'll be following the developments as they become available to us on what that judge decides to do. gentlemen, thank you very much. >> thank you. >> thank you kindly. jon: get that trial underway.

we are tracking a dangerous weather system stretching from the gulf of mexico all the way to canada. hail, severe thunderstorms and even tornados. the latest from the fox extreme weather center coming up. oh!

progress-oh! -oh! -oh! oh! oh! ♪ wh do you know? oh! ♪ bacon? -oh! -oh! oh! [ female announcer ] with 40 delicious progresso soups at 100 calories or less, there are plenty of reasons people are saying "progress-oh!" share your story for a chance to win a progress-oh! makeover in hollywood. go to facebook.com/progresso to enter.

>> reporter: we are here in the control room. a brand-new hour of "happening now" is straight ahead. a surprise appearance on capitol hill. former congresswoman gabrielle giffords shows up to talk to lawmakers about gun violence as senators hear testimony on both sides of that heated issue. we don't usually talk about tornadoes in january, but some wicked weather moving through parts of the country. we'll take you to the hardest hit areas. also the case of boeing's bad a batteries, we will tell you what federal investigators are looking at now, asking the airplane maker for in light of the new problems with the 787 dreamliners. all of that and brick break as thbreaking news as the second hour of "happening now" starts right now.

uma: dramatic testimony on capitol hill. former congresswoman gabrielle giffords speaking out against gun violence as the head of the nra called for better enforcement of gun laws already on the books. welcome to a brand-new hour of "happening now." i'm uma pemmaraju in for jenna lee. jon: welcome, i'm jon skofplt scott. gabrielle giffords who survived a gunshot to the head appearing at the first congressional hearing on gun violence since the deadly school shooting in connecticut. she galvanized the room with a call to action telling the panel too many children are dying. >> it will be hard, but the time is now. you must act. be bold, be courageous, americans are counting on you. jon: the ceo of the national rifle association wayne lapierre

says more needs to be done to curb gun violence but he says taking away gun rights is the wrong approach. >> impose morgue gun laws while failing to enforce the thousands we already have it's not a serious solution for reducing crime. law abiding gun owners will not accept blame for the acts of violent or deranged criminals, nor do we believe that government should dictate what we can lawfully own and use to protect our families. jon: our chief congressional correspondent mike emanuel is live on capitol hill with a look at all of this. >> reporter: california senator dianne feinstein said a short time ago this is such a hard debate because people have such fixed positions and the second amendment, the right to bear arms. the hearing today started with an emotional appeal from a gun violence victim. >> speaking is difficult, but i need to say something important. violence is a big problem.

too many children are dying. too many children. >> reporter: as we take a live look at the hearing in front of the senate judiciary committee. the committee chairman says the second amendment is secure and will remain secure and protected. then leahy offered this suggestion. >> what responsible gun owner objects to improving the background check system? when i bought firearms in vermont i go through the background check. i would expect everybody else to. >> reporter: we've heard from top republicans on the committee, including charles grassley of iowa who suggested it's important to look at other issues, kurt aourl issues of violence, also looking at mental health issues. on the background check issue chairman leahy made this

suggestion to wayne lapierre of the national rifle association. >> so you do not support mandatory background checks in all instances at gun shows? >> we do not, because the fact is the law right now is a failure the way it's working. the fact is that you have 76,000-some people that have been denied under the present law, only 44 were prosecuted. you're letting them go. >> reporter: we've heard from the full range of opinions on this panel. have you a woman on the panel who says that women feel more secure if they are armed so she fought for the second amendment if you will. you've also heard people talking about mental illness. captain kelly, gabrielle giffords' husband talked about how they are both gun owners themselves but they feel that more needs to be done, jon. jon: mike emanuel on capitol hill for us. thanks, mike. uma: we have this fox news weather alert out of tennessee where the national weather

service just confirmed a tornado touching down outside of nashville. it was a category 2 twister with wind reaching 115 miles per hour. it cut a four and a half mile path reaching 150 yards wide. it's part of a dangerous storm system stretching from canada to the gulf of mexico. authorities are still investigating other reports of tornadoes, while some areas are getting hit with hail and severe thunderstorms. we're receiving reports of damaged homes across that region and tens of thousands of customers right now are without power. the danger is far from over, folks. several major cities could soon be in the storm's path. so where is the system heading next? chief meteorologist rick weymouth is joining us live from the fox news extreme weather center. >> reporter: really potent storm for january, much more like an april storm. the severe weather stretching today from probably parts of upstate new york all the way down towards the central gulf. it's down across the mississippi river valley, that's what they

are exploring now to see what kind of damage was done. right now we're seeing this here across parts of the south especially. areas of georgia and still, alabama maybe into south carolina is what we're going to see the biggest chance of tornado. one tornado warning moving across north georgia, though, reports of damage already from that cell. we'll watch that. a few severe thunderstorm warnings up across parts of pennsylvania. this entire line will go all afternoon into the overnight hours and move through the eastern seaboard. it will take until around 7 or 8:00 tomorrow morning before this is completely gone. anywhere you see this yellow, anywhere from around philadelphia all the way down toward the panhandle of florida today under the threat for severe weather. i think i the worst of it though, tornadoes down across areas of georgia, south carolina. lore raid doe texas yesterday got to 94 degrees. january 29th, 94 degrees. 70 in topeka, kansas. 63 in chicago. that is all about to change though. it is changing here. you can see the temps have dropped by around 25 degrees all

across the area behind the storm system and it will continue to change more. take a look at yesterday's highs here. 73 atlanta, right now it's at 70. by friday morning 36. chicago you'll be at zero friday morning, dropping 63 degrees in about three days. big changes in store. uma. uma: it is unbelievable that that kind of drop is going to be happening so soon. thank you very much, rick. jon: new questions about when boeing first learned of the battery problems that forced airlines to ground their airliners. nan airline replaced ten batteries before one of them caught fire when landing at boston logan's airport. investigators are asking for a full operating history of the lithium ion batteries. dan springer is keeping and eye on all of this. >> reporter: the battery issues with the 787 did not just sneak up on boeing. we are getting more doe tails.

ten of the batteries were replaced on the dreamliner since last may half of them due to low voltage. the overall number of replaced batteries is much higher according to a source at the seattle times. they say 100 batteries had to be replaced but not awful them had suffered a failure. boeing would not confirm the number but downplayed the whole issue saying batteries are replace amount units in all airplanes, they replace about five or six a day. they say, quote we have not seen 787 battery replacement as a result of safety concerns. the batteries are being returned because our robust protection scheme insures that no battery that has been deeply discharged or improperly disconnected can be used. the battery maker would anal say battery exchanges are normal. meantime the national transportation safety board says the whole battery history is now part of its investigation of the 787. the fleet of 50 was grounded two weeks ago today after two

lithium ion batteries overheated. so far the investigation hasn't turned up a solid reason for the problem. the ntsb is digging deeper with the heft military. electrical parts are now being tested at the naval surface lab in notre dame. it hasn't hurt boeing's bottom line yet. fourth quarter earning inks are close to a billion dollars beating estimates on wall street and they have more than $13 billion in cash on hand so they are in a good position to weather the storm. jon. jon: dan springer in seattle, thank you. we are watching the dow right now the blue chips flirting with the 14,000 mark for the first time in more than five years. take a look there, 13945 right now, down a few minutes from yesterday's close. the good news for wall street comes amid disappointing economic news. the u.s. economy slowing signs of slowing down. the government says the economy sharply contracted in the fourth quarter of 2012 growing at only

one tent of tenth. they say it is heading to greece on steroids. what is about this last quarter, steve, what caused the shrinkage. >> wall street is doing great, main street isn't doing so well. this new report suggests that this economy still has not really fully recovered from the financial crisis four years ago, in fact the thing that is really disturbing here, jon is the economy has been slowing down over the last six months or so. it's not gaining momentum as you would expect. and so the numbers are just very troubling. the biggest decline, by the way, was in defense spending. the private sector gdp was up a bit, not much about 1.5%. jon: a lot of people who constantly look to cut the defense budget, cut defense spending, chop out this program

or that program, this is a cautionary tale. >> look i actually think cutting government spending is good for the economy because it frees up resources for the private sector. so i do think -- the very reason you just mentioned, jon, that we got this enormous debt that is headed to 200% of gdp we need to very judiciously cut spending. maybe we should be looking at some of the domestic programs that by the way are still growing. jon: when you come out of a recession like we did officially a couple of years ago typically you start climbing back up and you start seeing 6, 7% growth. what happened? >> it's like those tv commercials, you know, help, i've fallen and i can't get up. and that is really the whole story of this u.s. economy. it's been growing at a little less than 2% on average for the last three years. jon, that compares with the average recovery from lee session dating back to world war

ii. we are growing at about one-half to one-third the pace that we should h-b. so this i be. this is a very anemic recovery. there is a sliver of good news here, jon, the numbers so far in january are pretty strong. there are indications that the housing sector is really picking up steam, our energy sector is doing very well, so i don't expect for another really bad quarter like we had at the end of the fourth quarter of 2012. i think 2013 is looking up a little bit. jon: and that debt as a 200 percent figure compared with your gross domestic product. >> that is frightening. you took the words right out of my mouth when you called this greece-like levels of debt. you're exactly right. now, look, we are still only at about a hundred percent but we are headed towards 200% if we keep on the mace we are at with very low economic growth and very high levels of debt, you're right you reach this tipping point. i hate to say it, look what

happened with greece, we have people rioting in the streets, people are losing their jobs. you have 20% unemployment. that is not the future we want for america. jon: steve moore from the "wall street journal." steve, thanks for breaking it down. uma: an emotional start to the senate hearings on gun violence. as you just heard former congresswoman gabrielle giffords speaking before the senate judiciary committee. senator charles grassley the ranking member of that committee will be joining us with more about what the committee hopes to accomplish, plus a growing call to ditch the u.s. constitution? who says the supreme law of the land is outdated, and why? a live report coming your way next. [ loud party sounds ] hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat.

in blueberry/pomegranate and peach.

uma: is the supreme court the supreme hrauft united states, the u.s. constitution we learned

about it and the bill of rights from the time we're in grade school. there are some people who say the constitution is no longer relevant and should be put aside. shannon bream is joining us live with more on all of this. >> reporter: well georgetown law professor louis side man says don't blame a broken government system for for the fiscal chaos. he says the constitutio >> this is our country. we won't let france rule it or the u.n. rule it and there is no reason for us to be ruled by people who are long dead, who had some good ideas but had a lot of bad ideas, and in any event for whom it makes no difference at all. >> reporter: he's not the only one questioning just how well our constitution works in this current day and age. there are others in the academic world raising the same questions. just last year ruth bader

ginsberg speaking with egyptian media after the ouster of hosni mubarak and as the country was going to reshape itself said this. quote, i would not look to the u.s. constitution if i were drafting a constitution in the year 2012. lawmakers we talked to said hey we've amended our constitution many times, that framework was built into it and talk of scrapping the document that pre detectives things like freedom of speech and religion is lewd today rust. here is g.o.p. senator mike lee. >> i do understand how it is that we would go about deciding which provisions to follow and which ones to scrap without going for the amendment process? that sound chaotic and it would lead to a certain degree of lawlessness within our government. >> reporter: the professor said it would not unravel our society and says we have disobeyed it many times in the past and our country is still standing. uma: shannon thank you very much. jon: the political battle over immigration reform and why the latest effort could have a big impact on the midterm elections, that is ahead. plus, a push to put guns in the

hands of teachers. [ whistle blows ] hi victor! mom? mpbell's chunky soup. it fills you up right. [ whistle blows ]

marie callender's gives you a way to make any day a special occasion. new mini cream pies for one. real whip cream and a cookie-crumb crust. marie callender's. it's time to savor.

illegal immigrants are hoping this will be the year when washington overhauls the immigration system providing a president way to citizenship. the road to that pathway leads through washington. so this week we received two proposals, one a bipartisan plan from a group of senators, the other a competing vision put forward by president obama. >> i don't want to turn this into a partisan thing. let me say this, if this endeavor becomes a bidding war to see who can come up with the he'sist, quickest and cheapist pathway to grown card possible this thing is not going to go well, folks.

we have a common-sense and reasonable set of principles and i hope what the president will say today is that he hopes that process succeeds. but if his intentions are to trigger a bidding war to see who can come up with the he'sist process this is not a good start. >> we have to deal with the 11 million individuals who are here illegally. we all agree that these men and women should have to earn their way to citizenship. but for comprehensive immigration reform to work it must be clear from the outset that there is a pathway to citizenship. uma: joining us now fox news political analyst juan williams and talk show host mary walter. juan, let me ask you, there are cynics who say this immigration reform push isn really about fixing a challenging problem in our nation, at the core it's about securing future hispanic votes for the democratic party. how do you respond to this? >> that's part of it.

clearly president obama won a huge percentage, i think it's close to 70% of the latino vote if you throw in the asian vote also now the fastest growing immigrant community in our country you understand how overwhelming the politics are for the republican party. also that the democrats want to cement that advantage into place. for republicans i think they want to get past talk of electrified fences, selfdeportation, denial of the "dream act" for young people. i think they want to get past that and start to appeal to some of the very conservative principles that are widespread in the immigrant community. widesprea uma: there are some who say in the conservative groups there that okay let's get some of the reforms pushed through on the condition, on the proviso that the people who do receive citizenship ultimately do not get the chance to vote for say ten years or so as a penalty for

coming into this country illegally. would that, you know, have any traction in congress? >> i don't know if that would have traction in congress. i do think that this is almost a no within for republicans once again. if they do hold their ground and they do say that we will do this but it has to be contingent first on securing the borders, first on actually enforcing the laws that we were supposed to be enforcing all along, if they make it contingent on that obama and the democrats are going to say that the republicans are dragging their feet, they are being obstructionists. they don't want to give these people the american dream. if they don't do it we'll repeat history. reagan believed the left back in 86 and said okay well owe do this. in exchange for that we'll fix the borders and enforce the laws on the books. we all know what happened, we are back where we were in 1986. it didn't solve the problem because we didn't stop the flow of illegal immigration. i do think it's important to secure those borders first, to

put regulations in place and enforce them to make sure that we don't wind up with a whole other generation of people who come here illegally and we just hand them citizenship again. >> mary -- i was going to say to march reurbg mary. so much has been done to beef up the border security. we have electronic surveillance, more troops on the border than ever. we see now there is in fact a trend of people leaving the country, not coming in. and i just think you as a radio talk show host, you know, have got to give a chance to people who say, we do have better border security and that is the basis now nor going forward. uma: juan, don't you think, though, people aeu crossing the board would feel more comfortable if they knew if efforts were being made to strengthen border security on top of what we have right now and allowed the reforms to go through knowing that no more would be allowed to come in and we are working right now with those who are right here in the

country and americans are basically very generous on that issue i think. >> that's petrie smart, and i think people are very conscious of the idea that 40% of the illegal immigrants in the country have come through the visa process and over stayed their visas. that is a different perspective on enforcement than simply saying taller walls, more security. at some point you have to say, are we just doing this to please people who think that there is a security problem, when in fact the numbers indicate the security problem has been dealt with largely? uma: mary you don't agree with that i assume. >> no i don't. i went to the bank a year ago, juan i was standing in a bank on a friday trying to deposit money into my account and they asked me for id. in the meantime there were three gentlemen standing next to me who didn't have id and didn't speak english. they were sent to a special teller and wer who owe kaeuld the transaction and theokayed the transaction.

you're assuming that people want to jump through the hoops to gain citizenship. it is very easy to live here and not speak english, and have a wonderful life and still get healthcare and e and and education. that is a big assumption. >> that is the palt way to citizenship. >> maybe they want to continue living illegally and not paying taxes and enjoying all the benefits. uma: juan, do you think this the end it will be a big showdown with the president and congress over this security issue? >> it could be. but i don't think that either side wants it to slow down this process. i think we are on a fast track, uma. i think that both republicans and democrats see political advantage to getting a deal done and want it done. i think that's why senator rubio has been able to persuade so many people on the right and some -- he's a tea party favorite that this is the time to get it done, and i think from the president's perspective it's key to his legacy to his second

term agenda. uma: on the other side of this, from the g.o.p. if they do get a deal done this will hopefully operate door for more hispanics to take a second look at the g.o.p. >> absolutely. what bothers me. we are on a fast track. how much will this cost. how much will we add to medicare. social security, food stamps and so on. we will ram this through likely did with healthcare and three years from now wheel aoeb scratching our head wondering why we need more money. uma: thank you so much for joining us with your insights we really appreciate it. >> thank you. >> you're welcome, uma. jon: continuing to watch the weather situation in a wide section of the country getting confirmation of a tornado touching down in tennessee. and there are reports of other twisters including one hitting tkpwoerpb georgia ahit hitting northern georgia as the deadly storm system sweeps through the east. the senate judiciary committee hears from both sides on the gun

debate. ranking member chuck grassley joins us live to talk about what he's heard today. ♪ you know my heart burns for you... ♪ i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is! just begin with america's favorite soups. bring out chicken broccoli alfredo. or best-ever meatloaf. go to campbellskitchen.com for recipes, plus a valuable coupon. campbell's. it's amazing what soup can do.

. ... to gillette fusion prog. micro-thin blades are thinner than a surgeon's scalpel to put less stress on your skin by gliding through hair. switch to fusion proglide. number one dermatologist recommended on sensitive skin. and now introducing new fusion proglide sensitive shave gel. gillette. the best a man can get. sensitive shave gel. that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans,

they pick up some of what medicare doesn't pay. and save you up to thousands of dollars in out-of-pocket costs. call today to request a free decision guide to help you better understand what medicare is all about. and which aarp medicare supplement plan works best for you. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and you'll never need a referral to see a specialist. there's a range of plans to choose from, too. and they all travel with you. anywhere in the country. join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. call today. remember, medicare supplement insurance helps cover some of what medicare doesn't pay --

expenses that could really add up. these kinds of plans could save you up to thousands in out-of-pocket costs... you'll be able choose any doctor who accepts medicare patients. and you never need referrals. so don't wait. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. this easy-to-understand guide will answer some of your questions, and help you find the aarp medicare supplement plan that's right for you. jon: want to update you now in this fox news weather alert on some of the bad weather in wide swaths of the country. take a look at tennessee. the national weather service now confirms a tornado touched down just outside of nashville. this is part of a deadly storm system causing big problems across the state and much of the southeast

right now. the storm blamed in the death of a man struck by a falling tree. authorities are investigating reports of twisters in indiana, mississippi, and oklahoma. some areas are seeing hail and severe thunderstorms and there are reports of one man injured by lightning in arkansas. we're keeping an eye on the severe weather as it moves east, heading towards some of the busiest cities in the country. and take a look at live pictures from georgia where emergency workers in northern georgia report there may be people trapped in damaged buildings and cars overturned on interstate 75. this is near adairsville, georgia. you can see the reporter. pictures coming from waga. overturned cars from a tornado apparently that roared across i-75 near adairsville, georgia. look at that car. absolutely flattened. they're trying to get rescue

crews on the scene. trying to get to those that might be trapped in some of those overturned vehicles. what a mess in georgia. very, very frightening weather. we'll keep an eye on it from the fox news extreme with center. uma: there is movement gaining steam to arm teachers in the wake of newtown. in tennessee a state lawmaker is pushing a bill that would require armed staff members in zoo school. it would open the door to teachers carrying guns in the classroom. senior national correspondent jong roberts is joining us live in atlanta with more on this. jon? >> reporter: good afternoon, uma. this is movement growing across the country. want to show you a little bit of videotape. this is a couple years ago, a high school in sullivan county, eastern tennessee. school resource officer, armed guard in a 10 minute standoff. she held him at bay in face-to-face confrontation. deputies arrived and shot him dead on the scene.

today a tennessee state senator that introduced legislation that would require an armed guard across every public school across the state. if schools did not have money to hire a school resource officer. they could put in place a teacher with the same level of training with a weapon. state senator frank nicely is the one who introduced the bill today. he told me in the wake of newtown shooting in connecticut, means we can't leave schools unprotected even if it means the teacher is the last line of defense. here is what he said. >> pass the psychological evaluation. pass the criminal background check and are willing to commit to take the proper level of training that we just received as a resource officer or deputy or retired highway patrolman. >> reporter: there was initially oppositionings to this idea. came from one of the largest teachers union. the republican speaker of the house was skeptical about this. that opposition has since been tempered some because this focus mostly on resource officers before going down the line to arm

teachers. some democrats are against the idea of putting weapons in the hands of teachers at school. representative darren jernigan is one of them. here is his rationale according to what he told me. >> mentality of futuring students, mentality of educating students but not necessarily of defending them with arms. if they wanted to go into law enforcement i think they would have. >> reporter: certainly tennessee is not alone in this push to arm teachers. in addition to tennessee, 13 other states across the country marked in yellow introduced similar measures the south dakota house passed a measure yesterday. that has been put onto the senate. in texas at least three school districts allow teachers to carry concealed weapons. and a measure in colorado, very similar measure, was just rejected there. because there is republican supermajority in the tennessee legislature, nicely believes his bill will pass which would, uma, to the best of your knowledge, make tennessee the first state that would officially sanction armed

teachers in schools across the state. uma: very interesting. the video you showed us moments ago was very compelling and quite dramatic. >> reporter: that was a couple years ago. that was august 30th, 2010. you can imagine what might have happened had that resource officer not been there right at the very beginning when the gunman entered the school to confront him head on. it is remarkable she held him off in that faceoff for 10 minutes, rather than trying to take a shot at him. uma: absolutely. unbelievable. thank you so much, jon. jon: it is one of the most effective ways to treat certain types of cancer. chemotherapy. now a new study finds the treatment affects men and women in very different ways. what that means for cancer patients coming up.

[ male announcer ] when it comes to the financial obstacles military families face, we understand. our financial advice is geared specifically to current and former military members and their families. [ laughs ] dad! dad! [ applause ] [ male announcer ] life brings obstacles. usaa brings retirement advice. call or visit us online. we're ready to help. learn more with our free usaa retirement guide. call 877-242-usaa.

i can't believe your mom let you take her car out.ck! this is awesome! whoooo! you're crazy. go faster! go faster! go faster! go faster! no! stop...stop... go(mom) i rais my son to bester! careful... hi, sweetie. hi, mom. (mom) but just to be safe... i got a subaru. (announcer) love. it's what makes a subaru a subaru.

uma: this fox news alert for you. an update on a story we brought you earlier. we received word a judge decided the fort hood shooting suspect could still face the death penalty. this breaking a few moments

ago. the judge, tara osborne, says she is denying major nidal hasan's request to remove the death penalty as a punishment option. he will still be able to face the death penalty. if he is convicted it will, for the mass shooting that took place on the u.s. military installation out there on fort hood, texas. we'll continue to update the story. the judge has decided that the shooting suspect can still face the death penalty if he is convicted for that shooting. jon: right now a hearing on capitol hill. the battle over gun control front and center today. former arizona congresswoman gabby giffords, who survived that mass shooting two years ago, appeared before the senate judiciary committee along with her husband, former astronaut mark kelly. he told the panel cushing gun violence is a complex problem. but he says that is no excuse for inaction. >> when dangerous people get dangerous guns we are all the more vulnerable. dangerous people with weapons specifically designed to inflict maximum

lethality upon others have turned every single corner of our society into places of carnage and gross human loss. jon: our next guest is the committee's ranking republican. he agrees we need some common sense reform but warns of the need to proceed with caution. >> we should not rush to pass legislation that will not reduce mass killings. banning guns based on their appearance does not make sense. the 1994 assault weapons bandied not stop columbine. the justice department found the ban ineffective. scholars have indicated that refining or expanding such legislation will not cut gun violence. jon: iowa senator chuck grassley joins us now live. senator, of the testimony you've heard so far today, what has had the most impact on you? >> well, obviously you can't help but feel sorry for

congressman giffords and what she went through. sympathy for newtown, connecticut, kids and adults that were killed but the, sympathy i have is for those people who by research and we had a couple of people testify, people by research, saying that the gun ban of '94 to the year 2004, the last time that we had an assault weapons ban, didn't stop killings. and so, you've got to look at what creates this. people that shouldn't have guns have guns. and so we've got to get into the database. all of the felons in the country that shouldn't have guns and all the people with mental health problems. but their names are not in the database. so you have the instance of tucson and west virgina, or virginia tech and newtown, and aurora, colorado.

you have people with mental problems that shouldn't have guns that get guns. we've got to deal with that. jon: the president, as you well know, is a former professor of constitutional law. yesterday you were on the senate floor saying that you believe he is twisting the constitution in this debate. >> yeah. jon: what do you mean by that? >> jon, it is this simple. the constitution was set up to limit government. it was to protect the people from our government because george iii was wanting to dictate everything. our colonists doesn't like that. so the constitution was written. the president is indicating that it ought to be used to restrict individual rights. in this case the second amendment. he wouldn't suggest that i will bet that for freedom of speech the first amendment but the second amendment he wants to use the constitution, turn it on its head to restrict personal liberties. and we can't let that

happen. jon: interesting that democratic majority leader harry reid in the senate is perhaps the biggest impediment to whatever the president might want to do here. >> he has a record of being very pro-second amendment and there's probably a handful or more of other democrats, particularly from rural states, and particularly because they're upfor re-election that i think it will be very difficult to get a bill through the united states senate banning guns but i think it will be easy to get a bill through making prosecution of straw purchasers, doing something on the mental health issues, getting the state to put all of their felons into our national database so people that shouldn't have guns can't get guns. and now, they can buy guns. jon: can't let you get away without asking you about immigration. that bipartisan group put forward legislation in the senate earlier this week. does it look to you, because it will be passing through the judiciary committee too i would imagine, does it

look to you like that's a workable solution? >> jon, it's, it is the outline of a workable solution as long as, when it comes to the path to citizenship, that the trigger, which would be a determination by a group of people, governors, law enforcement people, et cetera, at the boarders, that the border is secure, because i think people can buy, if we know that more, no more people can enter this country illegally, that maybe you can do something about the people that are already here. but, people that want to make them citizens yesterday, that's not realistic. we have people in the country that said you round all 11 million up and ship them out of the country, that's not realistic, but if we have a border security, i think it is realistic to deal with it and there's a lot of other important irk issues other than just the path to citizenship. jon: well, we know that hearing on gun violence is

still going on in your judiciary committee. we appreciate you taking a minute to come out and talk to us about it. senator chuck grassley of iowa. >> thank you. uma: a child's life is in danger as a gunman holds him hostage in a bunker for nearly 24 hours. what we're learning about the suspect and the boy's condition right now. plus new concerns over the future of america's health care. what the experts are blaming for a shortage of doctors and how they say it's already affecting your health care. when you have diabetes... your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes.

♪ [ male announcer ] some day, your life will flash before your eyes. make it worth watcng. introducing the 2013 lexus ls. an entirely new pursuit.

jon: fox news alert. we've been telling but the severe weather that's been roaring through the southeastern part of the united states and take a look at this. new video just in from adairsville, georgia. it is thought that a tornado caused this damage. it will take official weather spotters some time to make that official determination. if you look at the damage, it is pretty clear vicious wind have torn apart much of the town adiairsville, georgia. there is a large manufacturing plant there. they make heavy equipment and backhoes and the like. that plant has been severely damaged by what we believe to be a tornado. once again, that has not been officially confirmed by the national weather service. there are reports of people being trapped in their cars. cars that were flipped over on interstate 75. one. main routes through that part of the country. interstate 75, we saw video a little bit earlier of one of the side streets with a

car that had been absolutely flattened down to the roof pillars. on the left of your screen there is the picture of that daeke corporation i was mentioning earlier. very, very severe storms. they're still mounting rescues. we'll stay on top of it as best we can and bring you the latest information throughout the day on fox news channel. uma? uma: well, we have a news of a possible medical break-through regarding the number one treatment for cancer. a new study claims men and women undergoing chemotherapy for lukemia met tabize the drug in different ways and researchers at the cleveland clinic say this could lead to more precise treatments with better results. dr. manny alvarez, member of medical a-team. great to have you here, sir. let's talk about the way this study is showing that men and women metabolize drugs differently so there is really no one size fits all. >> that is the way i think the treatment of cancer is

going. we've known for a long time both men and women in general metabolize medications differently. that has a lot to do with the size of both men and women, cardiac output, renal output and hormones that differ between men and women. now looking at the specific study they find perhaps some people metabolize the chemotherapy faster and therefore becomes less effective. when you two on that premise, basically moving forward what a lot of cancer centers want to do is really focus the chemotherapy. not only looking at the specific medication because that's the other part of the argument. what chemotherapy is more effective for you as an individual based let's say on your genetics and the type of tumor you have but also how you metabolize the drug and therefore what is going to be the effective cure rate. that is a great break through. it piles on the fact that individualized medicine when it comes to cancer will be the future. uma: will this have a impact

on side-effects then, different side-effects on men and women? >> absolutely. as doctors try to kill more cancer cells and they see it is not effective, they may increase the frequency of chemotherapy or even the dosage of chemotherapy, therefore increasing side-effects whether renal or cardiovascular in that nature. so moving forward they're going to say, well, no, we're going to find a specific chemotherapy but we'll really change the dosage based on the metabolism of the drug based on individual patients. these are the conclusions coming from the study. uma: you say this is a real breakthrough? >> this is a major break through because that is exactly what you want to do. you want to get to the point you know the type cancer you have, what is the genetics of the cancer and what is the individual metabolism of the patient you have in front of you so you can then create a portfolio of medications that are going to be effective. >> dr. manny, thank you very much. >> thank you. uma: certainly very interesting. jon: all right. counting down to the big

kickoff for some. it is not just a super party without the wings and the beer. we'll tell you why one bakery says you should consider cupcakes instead? no. eat good fats.

avoid bad. don't go over 2000... 1200 calories a day. carbs are bad. carbs are good. the story keeps changing. so i'm not listening... to anyone but myself. i know better nutrition when i see it: great grains. great grains cereal starts whole and stays whole. see the seam? more processed flakes look nothing like naturalrains. you can't argue with nutrition you can see. great grains. search great grains and see for yourself. for multi grain flakes tt are anxcellent source of fiber try great grains banana nut crunch and cranberry almond crunch.

to compete on the global stage. what we need are people prepared for the careers of our new economy. by 2025 we could have 20 million jobs without enough college graduates to fill them. that's why at devry university, we're teaming up with companies like cisco to help make sure everyone is ready with the know-how we need for a new tomorrow. [ male announcer ] make sure america's ready. make sure you're ready. at devry.edu/knowhow. ♪

>> for most of us the super bowl doesn't just mean the biggest super bo became of t game of the year it means today. you might just want to grab a cupcake instead. this bakery in up state new york is offering savory cupcakes for game day. flavors include pepperoni pizza, beer with lime and chicken kings. chicken king cupcakes along with nach co and cheese, chocolate covered pretzels. they are selling like hot cakes. >> i don't know about frosting for chicken wings. >> if i want something that tastes like a chicken wing i will just get a chicken wing. >> kudos for creativity. that's the american